IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT ABEMAMA
REPUBLIC OF KIRIBATI

HIGH COURT CRIMINAL APPEAL 1 OF 1999

BETWEEN:

KAETA KAUORO
APPELLANT

AND:

THE REPUBLIC
RESPONDENT

FOR THE APPELLANT: MS EMMA HIBLING
FOR THE RESPONDENT: MR TION NABAU

DATE OF HEARING: 13 JANUARY 2003

JUDGMENT
(Ex Tempore)

On 27 November 1998 the appellant baled up the victim who was riding his bicycle down the road: the appellant attacked the victim with a bush knife. The victim ran away: the appellant chased him and attacked him again. The victim sustained cuts to the face and stomach. This court has not seen the medical report but it seems that the victim was treated only at the local hospital. I assume he fully recovered. On 18 December 1998 the appellant pleaded guilty to unlawful wounding. It was his first offence. The magistrates sentenced him to 18 months' imprisonment. They granted a stay of proceedings. The appellant was in gaol only for 24 hours.

There are two points. First 18 months for the offence, given it was a first offence and the accused pleaded guilty - a plea of guilty normally means a reduction in the penalty which otherwise would be imposed - was too much. A more appropriate term would have been six months: after four years even six months would be too long: by now three months would be enough.

It all happened over four years ago. It would be hard to send the appellant to gaol after so long. The Republic could have applied immediately for the appeal to be heard on Tarawa.

Yet the appellant should pay some penalty. The penalty of 18 months' imprisonment is quashed. In its place the appellant is fined $100 to be paid within three months from today: if payment is not made within that time the appellant will go to gaol for three months.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE